Gotowe bibliografie tematyczne / Copyright Amendment (Moral Rights) Act

Gotowa bibliografia na temat „Copyright Amendment (Moral Rights) Act”

Autor: Grafiati

Data publikacji: 4 czerwca 2021

Data aktualizacji: 20 lutego 2023

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Artykuły w czasopismach na temat "Copyright Amendment (Moral Rights) Act"

Shaffer, Roberta I. "The Artist's Case for Droit Moral and Droit de Suite Continues". International Journal of Legal Information 15, nr 1-2 (kwiecień 1987): 1–9. http://dx.doi.org/10.1017/s0731126500020412.

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In September 1986, Senator Edward Kennedy of Massachusetts sponsored a bill, “The Visual Artists Rights Amendment of 1986” which was not unlike many others that had been introduced into the United States Congress in recent years. ft proposed toexpand the Copyright Act of 1976 by granting artists certain control over their works beyond that currently secured under Copyright, contract or tort protections, as well as the ability to share in the proceeds of future (secondary) sales of the work. Although the bill never saw the light of legislative action, the issues it addressed are very much in the forefront of current art and law concerns.

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Putranti, Deslaely. "Copyright Protection in Indonesia: Study of Amendment of Act Number 28 of 2014 on Copyright". Melayunesia Law 2, nr 1 (10.07.2018): 25. http://dx.doi.org/10.30652/ml.v2i1.5401.

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The presence of intellectual work as the result of human ability, need to be protected in order to get recognition, appreciated and respected. The amendment to the Copyright Act Number 19 of 2002 is deemed necessary by the Government to provide better protection to the Author and the Owner of the Neighboring Rights. Based on the explanation above it can be drawn the problem formulation ie (1) How Act Number 28 of 2014 related to Copyright (New Copyright Act) regulate Copyrights and Neighboring Rights? (2) How will the Act Number 28 of 2014 related to Copyright (New Copyright Act) protect the Author and the Owner of Neighboring Rights in Indonesia? While the objective of the study ie (1) To review the regulation related to Copyright and Neighboring Rights in the new Copyright Act, (2) To review the form and substance of copyright protection to the Author and the owner of the neighboring rights in Indonesia in accordance with the new Copyright Act. This study is a normative juridical which used literature as the main foundation. The legal materials used in this study are primary legal materials which include the Civil Code and related legislation. Secondary legal materials consist of literature books, journals, and articles are used to describe the primary legal materials. The study found that (1) Act Number 28 of 2014 on Copyright accommodates the interests of the Author and the Owner of the Related Rights by providing better protection in its Articles, and (2) Some crucial changes related to Economic Rights and the change of Criminal offense to Complaint offense gives more protection to the Author and Related Rights’ Owner.

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Yu, Peter K. "Moral Rights 2.0". 2013 Fall Intellectual Property Symposium Articles 1, nr 4 (marzec 2014): 873–900. http://dx.doi.org/10.37419/lr.v1.i4.3.

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When the protection of moral rights is brought up in the United States, commentators have always emphasized the differences between continental Europe and the United States.2 Cases that have been widely used as textbook illustrations include Soc. Le Chant de Monde v. Soc. Fox Europe3 and Turner Entertainment Co. v. Huston.4 While the Anglo-American copyright regime and the French author’s right (droit d’auteur) regime were quite similar in the eighteenth century, 5 the protection of moral rights did not attain formal international recognition until 1928.6 The gap between the U.S. and French systems has also grown considerably since the enactment of the 1909 U.S. Copyright Act.

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Drobiazko, Volodymyr. "Protection of the rights of performers in accordance with German law". Theory and Practice of Intellectual Property, nr 4 (19.10.2022): 24–29. http://dx.doi.org/10.33731/42022.265846.

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Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of copyright in the information society completely amends §§ 73−83 of the Copyright and Related Rights Act, which governs the protection of performers' rights under the WPPT.The provisions of § 73 «Performer» are extended to the performance of works of folk art. Paragraphs 74−76 are devoted to the protection of moral rights, which were indicated fragmentarily by previous legislation. In the corrected form, moral rightstake precedence over rights of use, which confirms the special adherence of German law to them. Whereas under previous legislation so-called “consent rights” were granted to performers, the updated paragraphs grants the present rights of use:recording, reproduction and distribution, communication to the public, rights of use, the right of the performer to demand payment of remuneration, the sharing of several performances.In Germany, the rights of the organizer of performances are protected. If the performance of the performer is organized by a company, then the rights to use belong, in addition to the performer, also to the owner of the company. According to §83, the provisions of Section 6 «Copyright Restrictions» of Part I «Copyright» of the Copyright and Related Rights Act apply respectively to the restriction of the rights of the performer and the organizer of the performance.The protection of performers in Germany is in accordance with the provisions of the Rome Convention, the WPPT, the relevant EU directives. With further improvement of the protection of the rights of performers in Ukraine, it would be useful to use the experience of Germany regarding the protection of the rights of the organizer of a performance and determining the term for the protection of rights to performances recorded on a phonogram.

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Clark, Charles. "The UK Copyright Designs and Patents Act 1988: moral rights". Learned Publishing 3, nr 2 (1.01.1990): 92–94. http://dx.doi.org/10.1002/leap/30031.

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Olubiyi, Ifeoluwa A., i Desmond O. Oriakhogba. "Implications of the Nigerian Broadcasting Code on Broadcast Copyright and Competition". GRUR International 70, nr 7 (4.01.2021): 644–55. http://dx.doi.org/10.1093/grurint/ikaa194.

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Abstract The National Broadcasting Commission (NBC) in Nigeria recently released an amendment to the 6th edition of the Broadcasting Code. Its aim is to increase local content, generate advertisement revenue and prevent anti-competitive practices in the Nigerian broadcast industry. To this end, it prevents exclusivity or monopolisation of content by broadcasting organisations, including Pay TV and Video on Demand (VOD) platforms. Drawing from European and South African experiences, this article begins by examining the provisions of the Broadcasting Code, particularly the amendment vis-à-vis the Nigerian Copyright Act and Nigeria’s international obligations under treaties such as the Rome Convention and the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). It then looks at the impact of the amended Code on the broadcast industry. The article seeks to determine whether the provisions of the amended Code can qualify as limitations and exceptions to exclusive rights allowed under the treaties and the Nigerian Copyright Act. It also examines whether, in attempting to foster competition in the Nigerian broadcast industry, the amended Code has taken away the exclusive rights granted by the Copyright Act to owners of Pay TV and VOD platforms and thereby runs contrary to Nigeria’s international obligations. Where appropriate, recommendations are made for consultation among relevant stakeholders for review of the amended Code to align it with the Copyright Act and Nigeria’s international obligations.

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Cantatore, Francina, i Jane Johnston. "Moral Rights: Exploring the Myths, Meanings and Misunderstandings in Australian Copyright Law". Deakin Law Review 21, nr 1 (23.02.2018): 71. http://dx.doi.org/10.21153/dlr2016vol21no1art727.

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This article examines how moral rights are treated in Australian publishing contracts, and whether this approach is consistent with the expectations of authors, journalists and academics. Although, in theory, moral rights cannot be sold or assigned in Australia, the apparent wide scope for exceptions raises questions of whether there is any real protection afforded to creators under the Copyright Act 1968 (Cth), notably in circumstances that relate to pressure on creators to accept contractual terms in order to get published. Additionally, Australian case law reflects some uncertainty about the traditionally accepted non-economic nature of moral rights. The article examines recent case law in this field, found in Meskenas, Perez and Corby, and considers the literature associated with development of moral rights in Australia. It then presents the findings of a two-part study of moral rights in Australia; first through the results of interviews with 176 Australian authors, journalists and academics, followed by an analysis of 20 publishing contracts. It concludes that — in some, but not all, instances — a combination of the exceptions allowed under the Act and practical exigencies have diluted the unique character of authors’ moral rights and have created an environment of uncertainty.

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Mujuzi, Jamil Ddamulira. "Prosecuting and punishing copyright infringements in South Africa: A comment on the Copyright Amendment Bill, B13B-2017". South African Journal of Criminal Justice 33, nr 3 (2020): 731–51. http://dx.doi.org/10.47348/sacj/v33/i3a11.

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Section 27(6) of the Copyright Act provides for penalties to be imposed on those convicted of infringing copyright. In terms of s 27(6), a person who infringes copyright is liable to be sentenced to a fine or to imprisonment or to both a fine and imprisonment. The Copyright Amendment Bill (which was passed by parliament in early 2019), introduces, amongst other things, minimum sentences for juristic persons convicted of infringing copyright. The purposes of this article are: to highlight high court decisions dealing with the prosecution of people who have infringed copyright; recommend ways in which copyright owners may invoke their right to institute a private prosecution as one of the means to protect their rights; highlight the limitations of the right to institute a private prosecution; and to highlight the challenges that are likely to be faced in the implementation of the minimum sentences introduced by the Copyright Amendment Bill.

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Judge, Elizabeth F., i Saleh Al-Sharieh. "Join the Club: The Implications of the Anti-Counterfeiting Trade Agreement's Enforcement Measures for Canadian Copyright Law". Alberta Law Review 49, nr 3 (1.03.2012): 677. http://dx.doi.org/10.29173/alr113.

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The Anti-Counterfeiting Trade Agreement (ACTA) is the most recent international agreement by which Canada and other countries have sought to strengthen the protection and enforcement of intellectual property rights. While it was originally feared that ACTA would impose obligations that are in tension with the principles of Canadian copyright law, the final outcome of the ACTA negotiations moderated or removed many of the most controversial provisions in the agreement and thus has alleviated many of the concerns about the impact of ACTA on Canadian copyright law. Canada has taken the first steps toward satisfying ACTA’s copyright obligations with Bill C-11, the Copyright Modernization Act, which addresses some of the agreement’s digital copyright measures. Some legislative change still remains before Canada will have fully met ACTA’s copyright obligations, in particular to enhance the powers of customs and border authorities to enforce intellectual property rights. This article discusses ACTA’s evolution, negotiations, final text, and the extent of its rightsholder orientation. It then details the differences between ACTA’s provisions and the current Canadian Copyright Act, as amended by the Copyright Modernization Act, identifies which obligations in ACTA require further amendment, and suggests how these obligations may best be implemented to reflect important values and principles underlying Canadian copyright law.

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Wood, Nicholas Stuart. "Protecting Creativity: Why Moral Rights Should be Extended to Sound Recordings under New Zealand Copyright Law". Victoria University of Wellington Law Review 32, nr 1 (5.03.2001): 163. http://dx.doi.org/10.26686/vuwlr.v32i1.5899.

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Traditionally, moral rights have not extended to the creators of sound recordings under either common law or civil law systems. The somewhat outdated rationale of this exclusion of sound recordings from the ambit of moral rights protection was generally that sound recordings were merely mechanical reproductions of already existing musical works, and hence the recordings lacked sufficient creativity to make them worthy of moral rights protection. In 1996, the WIPO Performances and Phonograms Treaty sought to remedy this anomaly in copyright law by extending the moral rights of paternity and of integrity to performers whose performances are fixed in sound recordings.This paper argues that New Zealand should follow WIPO's lead and extend the moral rights provisions of the Copyright Act 1994 to sound recordings. The author argues that sound recordings are imbued with sufficient creativity to merit moral rights protection and that this protection should be granted not only to performers but to sound engineers and producers, who also contribute creatively to the recording. This paper examines how moral rights in relation to sound recordings might work in practice and what remedies should be available for breach of these rights. The author concludes that the extension of moral rights to sound recordings need not impact detrimentally on the music industry, as some commentators fear.

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Rozprawy doktorskie na temat "Copyright Amendment (Moral Rights) Act"

Banks, Catherine, i n/a. "Lost in Translation: A History of Moral Rights in Australian Law". Griffith University. Griffith Law School, 2005. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20061006.114720.

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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and later production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral rights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral rights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.

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Banks, Catherine. "Lost in Translation: A History of Moral Rights in Australian Law". Thesis, Griffith University, 2005. http://hdl.handle.net/10072/365849.

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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and Inter production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral tights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral tights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
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Książki na temat "Copyright Amendment (Moral Rights) Act"

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks. Visual Artists Rights Amendment of 1986: Hearing before the Subcommittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, second session, on S. 2796 ... New York, NY, November 18, 1986. Washington: U.S. G.P.O., 1987.

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Lal, Nathuni. Lal's commentary on the Copyright Act, 1957 (Act No. 14 of 1957): With the Copyright (Amendment) Act, 2012 (Act no. 27 of 2012), The Copyrights rules, 2013 & Neighbouring Rights, also International Copyrighr Order, 1999. Wyd. 5. New Delhi: Delhi Law House, 2013.

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United, States Congress House Committee on the Judiciary Subcommittee on Courts Intellectual Property and the Administration of Justice. Visual Artists Rights Act of 1989: Hearing before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, first session, on H.R. 2690 ... October 18, 1989. Washington: U.S. G.P.O., 1990.

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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks. Visual Artists Rights Act of 1987: Hearing before the Subcomittee on Patents, Copyrights, and Trademarks of the Committee on the Judiciary, United States Senate, One Hundredth Congress, first session, on S. 1619 ... December 3, 1987. Washington: U.S. G.P.O., 1988.

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United, States Congress House Committee on the Judiciary Subcommittee on Courts Civil Liberties and the Administration of Justice. Visual Artists Rights Act of 1987: Hearing before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session on H.R. 3221 ... June 9, 1988. Washington: U.S. G.P.O., 1989.

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Lal, Nathuni. Lal's commentary on the Copyright Act, 1957 (Act 14 of 1957): With the Copyright Rules, 1958 & neighbouring rights, also International Copyright Order, 1999 alongwith Patent (Amendment) Rules, 2006, the Intellectual Property Appellate Board (Procedure) Rules, 2003, Trade Mark Rules, 2002 together with law relating to ownership of copyright and the rights of the owners, international copyright infringement of copyright, registration of copyrights, making of sound recording's, importation of infringing copies with latest case laws. Wyd. 4. Delhi: Delhi Law House, 2006.

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Snow, Ned. Intellectual Property and Immorality. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197614402.001.0001.

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This book argues that certain intellectual creations should not receive copyright or patent protection because they are harmful to society. It posits that the theories of intellectual property and the Intellectual Property Clause of the U.S. Constitution suggest this conclusion. The book responds to counterarguments: namely, that denying protection might increase the output of objectionable works; that other laws should address the moral problems; and that intellectual property functions better under a laissez-faire approach. After responding to these arguments, the book considers the roles of government actors in denying protection. It argues that courts should exercise their powers of equity to deny relief for works that are connected to unlawful acts of the rights-holder, and that courts should exercise their constitutional powers to deny protection for specific categories of harmful expressions and inventions. Next, the book considers whether Congress has constitutional authority to deny protection for works that it considers to be immoral. In concluding that Congress does have such authority, the book sets forth specific criteria that Congress should apply in exercising its moral discretion. Finally, the book considers whether denying intellectual property protection on moral grounds would violate the Free Speech Clause of the First Amendment. It concludes that principles of free speech afford Congress considerable discretion to deny patent protection but only narrow discretion to deny copyright protection. It also concludes that the Free Speech Clause is consistent with judicial denial of protection for the limited categories of works that fall outside the Intellectual Property Clause.

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Marcus, Smith, i Leslie Nico. Part III Transfers in Particular Contexts, 20 Transfer of Intellectual Property. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0020.

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This chapter focuses on how intellectual property rights are transferred, and the consequences and implications of this. Although the transfer of a patent was originally governed by the common law, the common law rules have long since been superseded by statutory provisions that govern the transfer of the legal title in a patent. The present provision is contained in section 30 of the Patents Act 1977. Meanwhile, section 90(1) of the Copyright, Designs and Patents Act 1988 provides that copyright is transmissible by assignment, by testamentary disposition, or by operation of law, as personal or moveable property. The chapter also considers the transfer of moral rights, industrial design right, and trademarks.

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Części książek na temat "Copyright Amendment (Moral Rights) Act"

Bently, L., B. Sherman, D. Gangjee i P. Johnson. "10. Moral rights". W Intellectual Property Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198769958.003.0010.

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This chapter focuses on moral rights conferred by the Copyright, Designs and Patents Act 1988 on the authors of certain works to protect their non-pecuniary or non-economic interests. It begins by looking at a number of criticisms made about moral rights, followed by a discussion on examples of moral rights, namely: right of attribution or right of paternity, right to object to false attribution, and right of integrity. The issue of copyright infringement in relation to these rights is also considered.

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Ricketson, Sam, i Jane C. Ginsburg. "The Rights Protected by the Convention: General Introduction; Moral Rights (Article 6bis)". W International Copyright and Neighbouring Rights, 577–614. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198801986.003.0010.

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This chapter begins by describing the articulation of rights in national legislation and under the Berne Convention. Each successive revision of the Convention has seen the addition of a new right or rights. The original Berne Act contained exclusive rights only in relation to the making and public performance of translations of works. Rights in relation to cinematographic adaptations and the mechanical reproduction of musical works were added at the time of the Berlin Revision; broadcasting and moral rights at Rome; public performance and recitation and adaptation, together with the droit de suite, at Brussels; and reproduction at Stockholm. The present Act now contains provisions for the protection of both moral and pecuniary rights. Meanwhile, in addition to filling in some of the Berne Convention gaps, later multilateral instruments have endeavoured to address the challenges of digital communications. The chapter then focuses on moral rights in the Berne Convention, and their treatment in later multilateral instruments. Moral rights have been recognized in the Berne Convention since the Rome Act; they are now protected under article 6bis of the Paris Act.

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Karapapa, Stavroula, i Luke McDonagh. "6. Moral rights". W Intellectual Property Law, 131–48. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198747697.003.0006.

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This chapter assesses moral rights. From a human rights perspective, the distinction between economic and moral rights can be traced back to Art. 27(2) of the Universal Declaration of Human Rights. The protection of the moral interests of the authors finds justification not only in the context of human rights but also under a special set of copyright rules that offer protection to non-pecuniary interests of the authors. The Copyright, Designs and Patents Act 1988 (CPDA) recognises four main moral rights: the right to be identified as the author or director of a work (this is the so-called paternity right); the right to object to derogatory treatment of a work (the so-called integrity right); the right to object to a false attribution of authorship in the case of a literary, dramatic, musical, and artistic work or a film; and the right of privacy in commissioned photographs and films.

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Bently, L., B. Sherman, D. Gangjee i P. Johnson. "10. Moral Rights". W Intellectual Property Law, 303–22. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198869917.003.0010.

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This chapter focuses on moral rights conferred by the Copyright, Designs and Patents Act 1988 on the authors of certain works to protect their non-pecuniary or non-economic interests. It begins by describing the nature of and rationales for grant of moral rights as well as a number of criticisms made about such rights. This is followed by a detailed consideration of the moral right of attribution or right of paternity, the right to object to false attribution, and the right of integrity. This discussion identifies when such rights arise (including the requirement of assertion of the attribution right), when the moral rights are infringed, and exceptions to such rights. The chapter also considers how far such rights can be waived.

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Bate, Stephen, i Gervase de Wilde. "Copyright, Moral Rights, and the Right to One’s Image". W Tugendhat and Christie: The Law of Privacy and The Media. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199685745.003.0012.

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UK copyright is a right created by statute and is now contained in the Copyright, Designs and Patents Act 1988 (CDPA). Copyright is mainly regarded as a means of protecting the economic interests of creators of original works. However, it has a significant role to play in protecting privacy interests. Private correspondence and diaries are obvious examples of material that may attract copyright protection in the domestic sphere. In the commercial context, examples include corporate memoranda, other documents, and recordings containing confidential information. Copyright subsists in various descriptions of ‘works’, such as ‘literary works’, ‘films’ and ‘sound recordings’ and there may be more than one copyright work in any article. For example, a recording may include a ‘literary work’ as well as a ‘sound recording’ for copyright purposes. A copyright work may contain private information or the work may be unpublished and therefore private in that sense. Copyright is apt to protect privacy interests, because it gives the copyright owner the legal right to prohibit reproductions, ie copying, as well as other means of dissemination.

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Divan, Shyam, i Armin Rosencranz. "Constitutional Provisions". W Environmental Law and Policy in India, 46—C3.N107. Wyd. 3. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192865458.003.0003.

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Abstract This chapter examines how the Indian Constitution is amongst the few in the world that contains specific provisions on environmental protection. Apart from enabling the enactment of environmental laws by supplying the requisite authority to the legislature, it silently weighs in on every case. The Constitution provides the moral foundation for these laws; elevates environmental protection to a high state purpose; defines principles of environmental law through constitutional courts; and gives an impetus for enforcement through the grant of constitutional writs. The chapter begins by looking at the Fundamental Duties, explaining the public trust doctrine, eco-centrism, and sustainable development. It then considers the division of legislative authority under India’s federal system, as well as the Constitution (Forty-Second Amendment) Act of 1976. Finally, the chapter studies the relationship between environmental protection and fundamental rights.

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Sood, Ekta, i Vibhuti Nakta. "Cybersquatting". W Handbook of Research on Cyber Law, Data Protection, and Privacy, 120–36. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-7998-8641-9.ch008.

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The mushroom growth of cyberspace and e-commerce has been increasingly threatening to the trademark and trademark statutes like the challenge posed to the domain names in connection with trademarks. Domain names cannot be restricted geographically with regards to access, use, and invasion, and cybersquatting is when trade name is used directly or after registration to invade the rights of the lawful user to whom the domain name belongs. The only objective is to feed upon the goodwill of a lawful owner to earn profits. Unlike other countries, India now does not have specific legislation for the protection of domain names and resorts to the Trademarks Act, 1999. Protection of inventions and enhancing cybersecurity is the need of the hour. To conform in compliance with the WIPO internet treaties to safeguard the copyrighted works, online digital risk management (DRM) schemes were drafted in the Copyright (Amendment) Act, of 2012. Thus, the chapter aims to emphasise the need to designate cybersquatting as a cybercrime while understanding cybercrime, its nature, and judicial intent.

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"construing the Berne Convention to say that all that was required was a positive right to claim authorship which the author may exercise as he wishes. Normally this will be by placing his name on copies of the work. The Green Paper noted that s 43 of the 1956 Act provided a useful remedy where the plaintiff is not a professional writer and could not therefore recover damages for loss of goodwill in a passing off action; the provision survives as s 84 of the 1988 Act. The Berne Convention also contains some latitude as to the right of integrity since Article 6 bis requires a right to object in cases only where actions in relation to an author’s work would be prejudicial to his honour or reputation. The government agreed with Whitford that exceptions such as the permitting of reasonable modifications (as in the Netherlands Copyright Act) should be made and that they would be in accordance with the Berne Convention. The Green Paper therefore proposed that the legislation should provide that no change should be made in any literary, dramatic, musical, artistic or cinematographic work without the author’s consent, with the exception of changes to which the author could not in good faith refuse consent. The Act embraces this principle by implication, not expressly, as it adopts the wording of the Berne Convention rather than that of the Green Paper. The Green Paper went on to propose that the rights would be exerciseable only by the author or, after his death, by his personal representative. Contravention of the rights would be actionable as a breach of statutory duty. The rights would not be assignable. However, the author would be permitted to waive his moral rights and such waiver would be binding on his successors in title. The moral rights would exist for the same period as economic rights. The White Paper promised legislation along the lines foreshadowed in the Green Paper, noting that while Whitford had doubted whether UK law had complied with the Brussels text of the Berne Convention, there was no doubt that amendment of the law was necessary to comply with the Paris text. Chapter 4 of the Act sets out the new rights. The rights to be protected are the minimum required to be protected by Berne – paternity and integrity. There is no equivalent to the French droit de divulgation (the right to control circulation of a work prior to its being completed for publication), the droit d’accès (mainly of artists to their paintings after sale), the droit de repentir (the right of withdrawal after publication, subject in German law to the payment of compensation to the publisher, of a work of which its author no longer approves). Nor is there a right to reacquire a work of which the author has disposed – such as Graham Sutherland might have found useful in the case of his portrait of Churchill – or a right of publication. The possibility of". W Sourcebook on Intellectual Property Law, 488. Routledge-Cavendish, 1997. http://dx.doi.org/10.4324/9781843142928-70.

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